Federal Amicus

Results are sorted by the date of most recent activity.

California Communities Against Toxics v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 20, 2019

Divided panel of the D.C. Circuit dismisses petitions for review on the ground that there is no final agency action in the Wehrum memorandum on the “once in always in” policy for major sources under Section 112 of the Clean Air Act; the majority reasoned that the memorandum does not have direct and appreciable legal consequences\.  The U.S. Chamber filed a coalition amicus brief in support of EPA, urging the court to deny the petitions for review and arguing that the Wehrum memorandum was consistent with the Clean Air Act.

Rodriguez v. Ford Motor Co. (II)

U.S. Supreme Court
Pending
August 19, 2019

U.S. Chamber files merits stage amicus brief in personal jurisdiction case in New Mexico Supreme Court, arguing that the court of appeals erred in concluding that registration to do business in New Mexico sufficed to subject foreign company to personal jurisdiction in New Mexico.  The U.S. Chamber previously filed an amicus brief in support of review, which the New Mexico Supreme Court granted and vacated the court of appeal’s earlier ruling on personal jurisdiction.

McArdle v. AT&T Mobility LLC (I - rehearing)

U.S. Court of Appeals for the Ninth Circuit
Pending
August 19, 2019

U.S. Chamber files amicus brief urging Ninth Circuit to grant rehearing en banc concerning California’s McGill rule, arguing that Federal Arbitration Act preempts state law requiring arbitration agreements to empower arbitrator to award injunctive relief to the broader public.  The U.S. Chamber previously filed an amicus brief at the panel stage in this same case.

Tillage v. Comcast Corp.

U.S. Court of Appeals for the Ninth Circuit
Pending
August 19, 2019

U.S. Chamber files amicus brief urging Ninth Circuit to grant rehearing en banc concerning California’s McGill rule, arguing that Federal Arbitration Act preempts state law requiring arbitration agreements to empower arbitrator to award injunctive relief to the broader public.  

Bernstein v. Virgin America, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
August 19, 2019

U.S. Chamber files amicus brief arguing Ninth Circuit should reverse class-certification order in wage-and-hour litigation against an airline.

Gallion v. Charter Communications, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
August 19, 2019

U.S. Chamber files amicus brief in support of petition for rehearing, arguing that panel erred in striking down exemption from Telephone Consumer Protection Act (TCPA) for calls to collect debts owed to the federal government.  The U.S. Chamber previously filed an amicus brief taking no position on the constitutionality of the exemption or the TCPA, but arguing that if the Court concludes that there is a violation of the First Amendment, then it should not invalidate exemption, which would expose more speech to TCPA liability.

Amazon.com, Inc. v. Commissioner of Internal Revenue

U.S. Court of Appeals for the Ninth Circuit
Decided
August 16, 2019

Ninth Circuit affirms judgment of Tax Court concluding that the IRS incorrectly interpreted the definition of “intangible” assets in applying its transfer-pricing regulations.  The U.S. Chamber filed an amicus brief in support of this result, arguing that the IRS was not entitled to deference for its interpretation of its transfer-pricing regulations and that the IRS violated settled principles of administrative law in arriving at its position.

In re: Rail Freight Fuel Surcharge Antitrust Litigation

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 16, 2019

D.C. Circuit affirms order denying class certification because plaintiffs’ own regression analysis established “negative damages” for more than 2,000 members of a 16,000 person class and thus fails the predominance requirement.  The U.S. Chamber filed an amicus brief in support of this outcome.

Zehentbauer Family Land LP v. Total E&P USA

U.S. Court of Appeals for the Sixth Circuit
Decided
August 15, 2019

Sixth Circuit panel affirms class certification order in oil-and-gas royalty dispute.  The U.S. Chamber filed an amicus brief urging the court to reverse, arguing that the class fails the predominance requirement.

Comcast v. National Association of African-American Owned Media

U.S. Supreme Court
Pending
August 15, 2019

U.S. Chamber leads coalition merits-stage brief urging Supreme Court to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim.  The U.S. Chamber previously urged the Supreme Court to grant cert. in this case.

Oren v. Dollar General Corp.

U.S. Court of Appeals for the Eighth Circuit
Pending
August 13, 2019

U.S Chamber files amicus brief in support of reversal of class certification order, arguing that class of purchasers of motor-oil products from retailer fails ascertainability requirements, and urging Eighth Circuit to follow rulings of Third Circuit and other courts on ascertainability.  The U.S. Chamber and the Retail Litigation Center previously filed an amicus brief in support of Rule 23(f) review, which the Eighth Circuit granted.

Retirement Plans Committee of IBM v. Jander

U.S. Supreme Court
Pending
August 13, 2019

U.S. Chamber files amicus brief urging Supreme Court to reverse Second Circuit decision allowing ERISA stock-drop suit to proceed

Allen v. Cooper

U.S. Supreme Court
Pending
August 13, 2019

U.S. Chamber files coalition merits-stage brief urging Supreme Court to uphold Congress’ abrogation of the States’ sovereign immunity against claims of copyright infringement.

McShannock v. JP Morgan Chase Bank, NA

U.S. Court of Appeals for the Ninth Circuit
Pending
August 12, 2019

U.S. Chamber files coalition amicus brief in support of reversal of District Court’s judgment that Home Owners’ Loan Act does not preempt application of state laws and regulations to loans originated by federal savings associations that are sold on secondary market.

Baptiste v. Bethlehem Landfill Co.

U.S. Court of Appeals for the Third Circuit
Pending
August 12, 2019

U.S. Chamber leads coalition amicus brief urging Third Circuit to affirm traditional boundaries of nuisance claims under Pennsylvania law. 

Siegel v. HSBC Bank USA, N.A.

U.S. Court of Appeals for the Second Circuit
Decided
August 8, 2019

Second Circuit panel affirms district court judgment dismissing plaintiffs’ Anti-Terrorism Act claims against international bank.  The U.S. Chamber filed a coalition amicus brief in support of dismissal, arguing that plaintiffs’ amended pleading failed to establish that the bank knowingly aided and abetted terrorist activity.

Patel v. Facebook, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
August 8, 2019

Ninth Circuit panel affirms order certifying class of individuals claiming injury under Illinois’ Biometric Information Privacy Act.  The U.S. Chamber filed an amicus brief urging the opposite outcome, arguing that plaintiffs did not satisfy Article III’s injury requirements and that they did not fit the criteria for class certification.

Hunter v. EPA (WOTUS Rule - Tenth Circuit)

U.S. Court of Appeals for the Tenth Circuit
Pending
August 7, 2019

U.S. Chamber and coalition of private and state plaintiffs file brief of appellants, asking Tenth Circuit to reverse District Court’s order denying preliminary injunction against 2015 WOTUS rule promulgated by Obama administration.  The Tenth Circuit previously vacated the District Court’s order sua sponte dismissing the case for lack of jurisdiction. 

American Lung Association v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Pending
August 6, 2019

U.S. Chamber files motion to intervene in support of the EPA in litigation concerning the EPA’s rule rescinding the Clean Power Plan and establishing the Affordable Clean Energy rule.  The U.S. Chamber was previously one of the lead petitioners against the Clean Power Plan, and obtained a stay of the Clean Power Plan in the U.S. Supreme Court in February of 2016.

Alvarez v. The John Hopkins University

U.S. Court of Appeals for the Fourth Circuit
Pending
August 5, 2019

U.S. Chamber files amicus brief urging Fourth Circuit to reverse District Court decision permitting Alien Tort Statute (ATS) claims against domestic corporation to proceed, arguing that the Supreme Court’s recent decision in Jesner forecloses ATS liability against domestic and foreign corporations alike.

Pages